Newsletters
Privacy and Public Access to Court Records
Court records include the case file of a lawsuit, records of any hearings, and information the court or clerk court prepares in connection with any judicial proceeding. A court's management information and data (budgets, reports, and statistics) are also considered court records. Since computers make it easy to gather and store information, many courts have developed databases of information. This database is also considered a court record.
Federal Rules of Evidence
In a lawsuit, both the plaintiff (the party suing) and the defendant (the party being sued) introduce evidence during the trial. Evidence refers to something submitted to the court to prove or disprove the truth of a factual matter being weighed by the court.
Discretionary Review of a State Court Decision
Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court.
A Court's Authority to Resolve Disputes
The framers of the United States Constitution separated the functions of government among three separate branches of government--legislative (the Congress), executive (the President), and the judiciary (the courts). The goal was to provide a system of checks and balances among the three branches so that no one branch could become too strong. Each branch of government has certain powers, and these powers are limited by another branch.
The Discovery Process in Civil Lawsuits
After a lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents.
